WHAT IS THIS LAWSUIT ABOUT?
On March 31, 2026, the Texas Department of State Health Services (DSHS) reclassified THCA as THC — effectively banning hemp-derived THCA products in Texas. A second federal restriction is set to take effect on November 12, 2026, adopting a “total THC” standard nationwide.
These actions impact everyday individuals, religious communities, and thousands of small business owners who built their livelihoods in good faith.
This lawsuit challenges both measures on constitutional grounds and seeks to establish national precedent protecting the rights of all Americans.
WHO IS THE PLAINTIFF?
Gwendolyn Amy Morris is a pro se litigant and Founding Minister of Inner Flame Ministries PMA — a private religious ministry serving as the spiritual foundation of the Gaian Christos Religion.
Within this faith, cannabis in all its forms is recognized as a sacred sacrament.
Since December 2019, cannabis has been central to her daily religious practice — used in prayer, ceremony, smoke cleansing, cooking, and healing.
This case is not just about one individual.
It represents every person who has faced fear, prosecution, or harm due to cannabis laws.
WHAT LAWS ARE BEING CHALLENGED?
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Texas DSHS Rule (25 TAC Chapter 300)
Effective March 31, 2026 — reclassifies THCA as THC, banning hemp-derived products
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Federal Hemp Definition Amendment
Effective November 12, 2026 — introduces a “total THC” standard nationwide
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Texas SB3 Legislative History
Passed by legislature, vetoed by the Governor, failed in special sessions — later enacted through agency rulemaking
WHAT ARE THE LEGAL ARGUMENTS?
This case is built on key constitutional protections:
Religious Freedom Restoration Act (RFRA)
The government cannot burden sincere religious practice without using the least restrictive means to serve a compelling interest.
First Amendment — Free Exercise
Criminalizing sacramental cannabis use violates religious freedom.
Equal Protection
Alcohol and tobacco remain legal despite greater harm — creating unequal treatment.
Federal Preemption (2018 Farm Bill)
State law conflicts with federal hemp legalization.
Bodily Autonomy & Due Process
Individuals have the right to make decisions about their own body and health.
Commerce & Takings Clause
Businesses built on legal frameworks now face economic loss without compensation.
Administrative Procedure Act (APA)
The rule exceeds authority and represents arbitrary regulatory overreach.
WHO IS BEING HARMED?
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Individuals afraid to practice their faith or use plant-based medicine
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Patients managing chronic illness, pain, or nausea
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Members of cannabis-based religious practices
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Small business owners across Texas and the U.S.
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Families losing income and stability due to regulatory changes